This title provides an extensive analysis of the risk-based approach taken to data protection. It also considers risk management methodologies and provides discussions at the intersection of data protection law scholarship, regulation theory, and risk and risk management literature.
Introduction: The Risk-Based Approach as the Opposite of the Rights-Based Approach, or as an Opportunity to Analyse the Links Between Law, Regulation, and Risk?
1: Fundamental Notions: Risk and Regulation
2: Data Protection as Command and Control Regulation
3: Issues with Data Protection as Command and Control Regulation
4: Changes of Regulatory Models: From Command and Control to Meta Regulation
5: Meta Regulation in Data Protection Law: The Risk-Based Approach
6: Risk and the Risk-Based Approach: Between Data Protection Risks and Compliance Risks
7: The Risk-Based Approach in Practice: Caveats
Conclusion: Back to the Rights/Risk-Based Approaches, and the Future of Data Protection